The Americans with Disabilities Act of 1990
How does the Americans with Disabilities Act Impact Higher Education?
The Americans with Disabilities Act (ADA) of 1990 provides comprehensive civil
rights protection and is designed to remove barriers which prevent persons with
disabilities from accessing the same educational and employment opportunities
as persons without disabilities. The law also provides access to public accommodations,
state and local government services, transportation, and telecommunications.
The ADA also prohibits discrimination against a qualified individual with a
disability with regard to admission to educational institutions or vocational
training programs (public or private); employee compensation; job training;
and other terms, conditions and privileges of employment.
Definition of a Disability
An "individual with a disability" is someone with a physical or mental
impairment that substantially limits one or more major life activities. A person
is considered to be a person with a disability if he/she has the disability,
has a record of the disability, or is regarded as having the disability.
- Physical or mental impairment...any physiological disorder or condition,
cosmetic disfigurement, or anatomical loss affecting one or more of the following
body systems: neurological, musculoskeletal, special sense organs, respiratory
(including speech organs), cardiovascular, reproductive, digestive, genito-urinary,
hemic and lymphatic, skin and endocrine; "mental impairment" means
any psychological disorder, such as mental retardation, organic brain syndrome,
emotional or mental illness, and specific learning disabilities.
- Substantially limits...means unable to perform a major life activity or
significantly restricted as to the condition, manner, or duration under which
a major life activity can be performed, in comparison to the average person
or to most people; the availability of some mitigating measure (such as a
hearing aid for someone with a hearing loss that brings hearing acuity within
normal limits) is not to be considered when determining if the disability
substantially limits the individual.
-
Major life activity...means functions such as caring for oneself, performing
manual tasks, walking, seeing, hearing, speaking, breathing, learning, and
working.
Note: Individuals who are current illegal users of drugs are not protected
under the ADA. The legal use of a controlled substance under medical perspective
is permitted. Addiction is considered a disability. A person who is addicted
to drugs, but is not actively using drugs, is considered a person with a disability
and is protected by the law. Alcohol is not considered a controlled substance.
No Requirement for Citizenship
The Americans with Disabilities Act covers all persons with disabilities in
the United States, whether or not they are citizens and without regard to racial
or ethnic origin.
Reasonable Accommodation
Reasonable accommodation is the provision of an auxiliary aid, or modification
to the course or program which will allow access to the job duties, the educational
process, program and degree, or activity. The Americans with Disabilities Act
requires an institution of higher education to provide reasonable accommodations
to a qualified individual with a disability provided that accommodation does
not create an undue hardship. Some examples of reasonable accommodation are
making existing facilities readily accessible to and usable by persons with
disabilities; flexible timeline for program completion; acquisition or modification
of equipment or devices; appropriate adjustment or modification of examinations
or policies; provision of qualified readers, note takers, and/or signed language
interpreters; provision of print formats and so on.
Rights and Responsibilities
Section 504 of The 1973 Rehabilitation Act, and the Americans with Disabilities
Act (ADA) of 1990 continue to provide direction and guidance to the University
as it reaches new levels of access in all areas. As such, both the University
and student have rights and responsibilities.
Institutional Rights and Responsibilities
The University of Kansas (KU) through Disability Resources
has the right and responsibility to:
- Maintain the University academic standards.
- Request qualifying disability documentation in order to verify eligibility
for disability accommodations, academic adjustments, and/or auxiliary aids.
- Discuss students' eligibility with diagnosing professionals given signed
consent.
- Select from among equally effective/appropriate accommodations, adjustments,
and/or auxiliary aids in consultation with the student.
- Deny requests for accommodations, academic adjustments, and/or auxiliary
aids when disability documentation does not identify a specific disability,
fails to verify the need for the requested services, or is not provided in
a timely manner.
- Deny requests for accommodations, adjustment, and/or auxiliary aids that
are inappropriate or unreasonable based on disability documentation including
any that:
- Pose a direct threat to the health and safety of others;
- Constitute a substantial change or alteration of an essential course
element/program standard, or
- Pose undue financial or administrative burden on the University.
Student Rights and Responsibilities
Every qualified student with a disability has the right to:
- Equal access to educational and co-curricular programs, services, activities,
and facilities available through KU.
- Reasonable and effective accommodations, academic adjustments, and/or auxiliary
aids as determined on a case-by-case basis.
- Maintain confidentiality regarding disability information including the
right to choose to whom the disclosure of disability is made except as required
by law.
- Receive information in reasonably available in accessible formats. (i.e.,
meets request deadlines to ensure availability)
Every student with a disability has the responsibility to:
- Meet KU’s qualifications including essential technical, academic, and
institutional standards.
- Identify as an individual with a disability and request accommodations in
a timely manner
- Provide documentation from an appropriate professional source verifying
the nature of the disability, functional limitations, and the rationale for
specific accommodations being recommended.
- Follow specific procedures for obtaining reasonable and appropriate accommodations,
academic adjustments, and/or auxiliary aids as outlined.
